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What If the Truck Driver Blames Me for the Accident?

It can be difficult for anybody to know what to do in the immediate aftermath of a truck accident. If you’ve been involved in one of these wrecks, you will understandably be concerned about the financial and other consequences. Questions you might be asking yourself include, “who is responsible for the accident?” and “who owes me compensation for my damages?” Proving negligence, or disputing an accusation of fault after a truck accident, is not something you should do on your own. A skilled and understanding Wisconsin truck accident lawyer can investigate your case, and make sure that your right to compensation is protected.

To schedule a free consultation of your case, contact Studinski Law, LLC today at (715) 343-2850.

What to do After a Truck Accident in Wisconsin

It’s common for drivers involved in a crash to blame each other. Do not accept any responsibility for the collision until you have spoken with your attorney. The most important thing to do is make sure that you and your passengers get to safety and call for emergency help.

It’s important to know that truck drivers may cause terrible wrecks, and as a victim, you can suffer serious harm. Be sure to avoid making any statements regarding responsibility until you have safely left the scene and discussed the case with your lawyer. Even apologizing about the circumstances that you and the trucker are in can be seen by some as an admission of responsibility for the wreck. Do the following if you are concerned about the truck driver blaming you for your accident:

• Avoid discussing fault with the other party. The most important thing is to make sure you’re safe and get the emergency help you need. Negligence can be determined as evidence is collected over the days and weeks following a crash.
• Give a report to police. The police report is a very important piece of evidence in a truck accident case, and law enforcement will likely want to speak with you immediately, if you are able.
• Find a lawyer familiar with truck accident cases. Cases surrounding truck accident are complex, and are different than ordinary car wreck cases. Your lawyer must understand how to investigate every possible party who may be responsible for your accident.
• Provide your lawyer with available evidence. Your attorney can use as much evidence as possible to build a strong case for you. Provide your lawyer with information you have, including names of any witnesses you are aware of, and photos of the accident scene and your injuries.

What About Negligence?

Injuries and damage from a truck accident can be significant. Truck companies and their insurance providers generally do not want to pay out large settlements to victims of accidents. Demonstrating that the truck driver is responsible can be challenging. Your lawyer must show how the truck driver failed to uphold a duty of care to keep others safe. This means that they did not take reasonable steps to prevent an accident. Furthermore, it must be shown how their negligence directly resulted in the accident that caused you harm.

Truck accident cases are often highly technical. A truck driver who blames you may feel as though you will not have the resources to counter their accusation. However, a skilled lawyer will know what evidence is needed in your case. The evidence needed to show negligence in a truck accident might include:

• Truck data – Trucks are complex vehicles, and their owners are required to keep maintenance and mileage records. Truck drivers and their employers can be held responsible if they caused an accident by putting a dangerous vehicle on the road.
• Driver information – Truck drivers must be highly trained and follow numerous laws while on the road. If a truck driver is unfamiliar with their vehicle or with the safety regulations they must follow, they can cause a devastating crash.
• Accident scene information – It’s possible that the truck was going too fast, or was too heavy for the road or conditions present during your accident. Witness information and accident reconstruction data can allow your lawyer to understand the specifics of your wreck.
• Third-party records – Trucks constantly come into contact with third-party maintenance workers and loaders. It’s possible that such parties hold some responsibility for your accident if they left the vehicle in an unsafe condition.

Comparative Negligence and Truck Accidents

In your Wisconsin truck accident case, one issue that might arise is that of comparative negligence – especially if the other parties claim you’re partially to blame for the crash. Under this concept, even if you’re found to have contributed to your truck accident case, you’re still eligible to obtain some compensation. The amount you receive will be reduced by the percentage of fault you’re found to have contributed to the wreck.

In the case of your truck accident, you’ll want to reach out to a personal injury lawyer if another party is claiming you’re even partially to blame for the collision. If you’re found to be 51 percent or more responsible for the crash, you will be barred from obtaining any compensation.

Call a Wisconsin Truck Accident Lawyer for Help

Truck accidents are often devastating for many people. Victims throughout Wisconsin can be left with permanent or even deadly injuries. The complexity of these collisions can be overwhelming for anyone. Trucking companies often do not want to pay out large financial settlements, and their negligence can cost some drivers their commercial license.

At Studinski Law, LLC, we understand how difficult your life can be after a truck crash. To speak with one of our injury lawyers today about your options in such a situation, contact us today at (715) 343-2850.